Copyright is not held by the person who commisions a photograph. The Copyright is held by the person who took the photograph. For example if you "commission" someone be it a proffessional photographer or just your neighbour, they will hold the copyright not you.
Simon
Simon, your reply only relates to automatic copyright, it is very possible in the contract for a commissioned work for the copyright be passed to the person who commissioned the photographer.
It is also very possible for the photographer to grant a licence to use and distribute copies of the photograph if that is what they require.
Blanket statements cannot be made when it comes to copyright for commissioned works as the details of the commission change the rights involved.
Cheers
Guy
Yes you are quite right there is not enough room here to explain all the nuances of copyright, and of course the granting of a licence is what people who upload their photos to Ancestry either don't understand or refuse to accept as the Ancestry T&Cs are quite clear. You either have to own the copyright or you have the copyright owners permission, before you upload photos and make them publically available on a tree. You have then automatically granted Ancestry a licence for them to make them available as they wish. This includes making them available as records which other subsribers can attach to their own trees, but also Ancestry can use them for their own purpose (eg on other sites they own, or publicity media etc). If they appear on another subsribers tree, they haven't been 'stolen' or 'lifted' lifted without the permission of the owner, they have been legitimately attached as just another Ancestry record. If someone starts using them outside of Ancestry then you have a different ball game altogether.
I suspect a large number of Ancestry subscribers have no idea who owns the copyright of photos that they upload.
Simon